Legal Question in Real Estate Law in California

First, remember that being out of it completely means at least three things, which are pretty much separate: no ownership, no liability related to the property, and out of possession. Your question addresses the first of the three, and let's take it up first.

Either a grant deed or a quitclaim would work. A grant deed carries with it certain warranties and is appropriate when the grantor is pretty sure he/she owns the interest being conveyed, although it doesn't have to be a full interest; it can be, as apparently here, a half interest. A quitclaim just says, in effect, "Here, take whatever I've got" so is often used where the grantor is unsure of the extent or validity of his/her interest, or even where the grantor knows he/she has no ownership interest at all, but needs to give a deed to clear up the record.

Either kind would work. What's important is to get the property description correct. Your signature must be notarized, and the deed must be delivered to the grantee (your ex) and must be accepted by him. The law does not allow property to be foisted off on someone who doesn't want it. Reina v. Erassarret (1949) 90 Cal.App.2d 418. He should record the deed.

You didn't say anything about loans on the property, or who is responsible for them, but if you signed any promissory notes and deeds of trust, giving away the property will not release you from your obligation to make the payments. The most likely bad effect if he fails to make the payments is that your credit rating will be damaged; although there is a possibility that a lender or lenders could sue, this mostly doesn't happen, and a foreclosure ends it. However, there are exceptions, and you might want to re-ask your question giving some details about the loan(s) on the home, if any.

Sometimes it is possible to negotiate with the lender to remove a co-borrower, but this generally only works of the co-borrowers were married and divorced. Also, many loans contain a "due on sale" provision that makes the loan callable if the borrowers transfer ownership. Such provisions are intended to force pay-off of the loan if the property securing the loan is sold to a third party, but they can apply to a co-owner's withdrawal as well.

Finally and most obviously, when you are no longer an owner you will lose your right of possession, and will have to move out if you haven't already.

Mr. Whipple's answer is correct, but leaves out the additional issue that if there is equity in the property you could owe gift tax, there will be documentary transfer tax payable, and there could be a property tax increase. In short, it is simply not all that easy or cheap to walk away from a piece of property.

A quit claim deed carries nor warranties. A grant deed carries warranties, including an implied warranty that there are no encumbrances. If the property was encumbered by you, you may have problems.

A second issue is whether you signed a loan to buy the property, or a loan that is secured by a deed of trust that encumbers the property. You may still be personally liable if the loan is not repaid.